UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 06-7127

UNITED STATES OF AMERICA,

Plaintiff - Appellee,
versus
JOHNNIE WILSON DALE,
Defendant - Appellant.

Appeal from the United States District Court for the Western
District of North Carolina, at Asheville.
Lacy H. Thornburg,
District Judge. (1:01-cr-00052-2; 1:04-cv-00023)

Submitted: September 26, 2006

Decided: October 3, 2006

Before WIDENER and WILKINSON, Circuit Judges, and HAMILTON, Senior

Circuit Judge.

Dismissed by unpublished per curiam opinion.

Johnnie Wilson Dale, Appellant Pro Se. Amy Elizabeth Ray, OFFICE OF
THE UNITED STATES ATTORNEY, Asheville, North Carolina, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM:
Johnnie Wilson Dale seeks to appeal the district courts
order denying relief on his 28 U.S.C. 2255 (2000) motion.

The

order is not appealable unless a circuit justice or judge issues a

certificate of appealability.

28 U.S.C. 2253(c)(1) (2000).

certificate of appealability will not issue absent a substantial

showing of the denial of a constitutional right.

2253(c)(2)

demonstrating

(2000).
that

prisoner

reasonable

satisfies

jurists

would

this

28 U.S.C.
standard

find

that

by
any

assessment of the constitutional claims by the district court is

debatable or wrong and that any dispositive procedural ruling by
the district court is likewise debatable.

Miller-El v. Cockrell,

537 U.S. 322, 336-38 (2003); Slack v. McDaniel, 529 U.S. 473, 484
(2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001).

We have

independently reviewed the record and conclude that Dale has not
made the requisite showing.

Accordingly, we deny a certificate of

appealability and dismiss the appeal.

We dispense with oral

argument because the facts and legal contentions are adequately

presented in the materials before the court and argument would not
aid the decisional process.

DISMISSED

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